Professional Negligence Law Reporter

Medicine

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Use of inadequate orthopedic plat

November/December 2020

Doe, 63, had a history of knee and hip replacements. After falling outside her home, she was diagnosed as having a fractured right femur. Roe surgeon performed an operation in which he applied a narrow fracture plate. The following year, however, Doe suffered a break in the plate, which led to a massive spiral fracture in her right leg. She required three additional surgeries and is now permanently disabled.

Doe sued Roe, alleging he failed to use a proper femoral plate instead of the fracture plate, which was meant for a smaller bone. The defense argued that Doe had a difficult anatomy and only a smaller plate would have fit within the confines of her other surgical hardware.

The parties settled for more than $631,100.

Citation: Doe v. Roe, Confidential Dkt. No. (Cal. Super. Ct. Los Angeles Cty. May 12, 2020).

Plaintiff counsel: Benjamin Ikuta, Irvine, Calif.; and AAJ member Richard D. Hoffman, Beverly Hills, Calif.